UPDATE: KENNETH CLAIR FIRES HIS SAN FRANCISCO BASE DEFENSE ATTORNEY: CLAIR MOVING FORWARD !!!
Apr 6, 2016 — Over the years the tension has been mounting between Kenneth Clair and his San Francisco-based attorney. I have always told Mr. Clair that the decision of whether or not to keep his attorney was solely up to him. However, I have been expressing continuously my objections over the years of not going after the DNA results and the identity of the person that it matches, and has always been, the person of interest in this murder. I have especially been very vocal in my opposition to this recent deal involving resentencing Mr. Clair. The business of commuting a death sentence to life in exchange for 25 years to life- getting time served- and being eligible for parole situation, is completely ridiculous and unfounded. This deal should never be part of this case, and the only issue that needs to be dealt with is the DNA and focusing on all of the other innocence evidence.
If the DA and Mr. Clair's former defense attorney got their way, even this petition or any further legal proceeding could NOT free Mr. Clair, because as of the terms of parole. Mr. Clair would have to admit guilt, and show remorse for something he just didn't do. This admission of guilt and remorse would always be in Mr. Clair’s file. I have strongly oppose the recent defense tactics, and the secretive and sneaky way it was done. I also oppose the defense tactics used on Mr. Clair to make him believe that somehow this deal was beneficial to him, and wouldn’t impact future hearings on the DNA and innocence issues.
In my last update I showed you the Catch 22 situation that Herbert Murray and all the other Herbert Murray’s face with parole. If it wasn't for this petition, and your support of Mr. Clair, Mr. Clair somewhere in the future, if paroled, Mr. Clair would have the same thing as Mr. Murray… “$40 in his pocket, and an expired bus ticket.”
Now some people think that Mr. Clair gained something by getting off of death row…. Mr. Clair would gain not being executed. I do not believe that what-so-ever…. If Mr. Clair’s execution was scheduled, the media would take off and expose what we are saying in our petition. The attics, unethical, and criminal means that the prosecution has concocted to achieve the 31 year “Beat Down” of Mr. Clair would be exposed. Investigative reporters and attorneys would be crawling out of the woodworks looking into this case.
Mr. Clair, and all of the other Kenneth Clair’s who have been wrongfully convicted of a crime, sentenced, and stripped of their constitutional rights, and cast into a prison to die, need our help changing the pathway of an unjust system. We cannot allow wrongfully convicted people such as in the video of Herbert Murray, condemn themselves to a life sentence. So we have choices, and we need to act immediately. We do not want all of the Kenneth Clair’s who are innocent and wrongfully convicted, to turn into all of the Herbert Murray's who compromised their lives for a chance that they will see something… some day…. outside of prison walls.
Again, I want to thank all of the supporters of this petition. Do you realize that you saved Kenneth Clair’s life! If it wasn't for your support of this petition, this secret arrangement would have somehow creeped through Tony Rackauckas’s office, down the hallways of the district attorney's office, and into the court, and had been finalized. This process was exposed because of your efforts. I want to thank each one of you again, and again, and again. See, we can change the judicial system if we stay on this journey and movement together.
We have put the courts in a very unusual situation. What will they be doing on May 13? As of this moment, Mr. Clair does not have an attorney. I am sure that Mr. Clair’s former attorney is going to file something stating that he will be stepping down on this case, and not that he was fired. I am scrambling to get donations cric.cjfordpi.org and also to talk to various attorneys and also the Innocence Project.
This May 13 issue should just go away altogether, and be replaced with some type of constructive effort to find the DNA results, and put the real person of interest into jail. Mr. Clair, his former attorney, and I, differed on these issues. Mr. Clair always had confidence that somehow his attorney would do something that Mr. Clair thought would be favorable. All wrongfully convicted inmates have no other option except to try to trust their attorneys, even though they don't completely understand or agree. Innocent inmates who are wrongfully convicted, just have the complex problem of deciding whether their freedom is more important than their integrity. This is a hard decision to make, and I hope that you or someone that you know that is incarcerated is not facing, or will ever face, this dilemma. Guilty inmates will most likely always take the parole because it really is their last chance of getting out of jail.
Mr. Clair is now feeling a sense of relief. Tomorrow will be a new day, and at this point everyone is very unsure what will happen on May 13, 2016, if anything at all. I personally feel that the Orange County Court does not have jurisdiction over this matter. If anything, I think that Judge Goethals should consider exonerating Kenneth Clair because the judge is aware of this case, and I am sure by now he has thoroughly studied it. There has never been any reason to convict Kenneth Clair in the first place. There has never been any evidence that has tied him into this case. Judge Goethals, should just overturn the conviction and end the prosecution that never should have occurred, and put an end of this travesty of justice that this DAs office, and Kenneth Clair’s poor defense counsels, started way back in 1985.
So we are going to pray all we can for Judge Goethals to take it upon himself to exonerate Kenneth Clair, or at its worst, send all of this mess back to the Ninth Circuit Court to get straightened out.
Please read the story written by Scott Moxley of the Orange County Weekly and make comments. As always, I am looking for your comments, your opinions, your outlook on the situation on our petition, and any other situation involving injustice you may want to convey. And again, I thank all of the supporters from the bottom of my heart, for saving Kenneth Clair….. Please excuse my sentence structure and grammar as always. Please keep sharing this petition and getting signatures.